Maintenance Obligations in France: Landlord vs. Tenant

In France, dividing the costs of maintenance and repairs between the property owner (bailleur) and the tenant is one of the most frequent causes of conflict. Fortunately, the Law of July 6, 1989, and the famous Decree of August 26, 1987, exhaustively establish the boundary between "major repairs" (the landlord's responsibility) and "tenant repairs" (the tenant's responsibility).

1. The Landlord's Heavy Burden (Decent Housing & Upkeep) Article 6 of the 1989 law stipulates that the landlord must provide the tenant with a "decent dwelling" (free of pests, secure elements, weatherproof windows) that is in "good state of use and repair." Throughout the contract, the landlord must perform and finance all repairs "other than tenant repairs." The landlord is exclusively responsible for:

• Roof and Waterproofing: Replacing a leaking facade, roof repair.
• Main Heating / Water Heaters: Heavy descaling of the entire building, full replacement of the boiler or hot water tank if it reaches the end of its life or has a technical defect (excluding the annual descaling/checkup which is the tenant's job).
• Core Security Elements: Iron balcony posts, repairing a solid wood shutter that is falling off, bringing central circuit breakers up to modern standards.
• Construction Defects and Force Majeure: External water infiltration due to porous walls or a gutter torn off by hail. What about Obsolescence (Vétusté)? When an item is worn out simply due to "time and normal use," replacing or restructuring it-if it prevents the tenant from peacefully enjoying the property-formally falls to the landlord at their expense. (e.g., Replacing a linoleum floor laid 20 years ago that is now peeling).

2. Routine Maintenance (The Tenant's Responsibility) The tenant, by virtue of their "right to consume the benefit of the dwelling in modest usufruct," has the exclusive dual obligation to perform routine maintenance (cleaning) and minor tenant repairs (réparations locatives) resulting from everyday wear and tear. The legislator has constrained the tenant via an express list known as the "Tenant Repairs Decree." This includes, but is not limited to:

Professional Annual

Maintenance - The tenant must pay for and provide annual diagnostic contracts via small terminals. Sweeping the chimney.

• The mandatory annual servicing of the individual gas/oil boiler.

Replacing Small Wear-and-Tear Items

• Plumbing / Electricity: Changing a broken light switch. Replacing a damaged shower hose or showerhead, and re-caulking the silicone seal between the shower tray and the tile to prevent water damage when mold appears. Bleeding the safety group of the water heater daily.
• Light Works: Repeated washing or detergent cleaning of linoleum, local varnishing, or replacing a bolt on a pantry shelf.

3. What if the Landlord Refuses to Intervene? (The Anti-Cauterization Rule) Unlike the "Repair and Deduct" practices common in Anglo-Saxon models (like the US), a tenant in France does NOT have the right to hire a local plumber to fix a landlord's issue and abruptly deduct that amount from their rent! This maneuver, if attempted in France, will judicially lead the tenant-not the landlord-to be condemned for unpaid rent arrears. If there is a failure to repair, the French tenant must:

4. Send a formal formal notice to the landlord via registered mail (LRAR).

5. Take the matter to court or wait for an "arrêté de consignation" (having the judge block the equivalent rent amount in an escrow or court account). Only a judge can force a reluctant landlord to release the funds.

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